I'm taking on Barclay's and need some help (**20/06/2009 - I won - they back off**)

[Barclaysbunny]

Hi ** 20/06/2009 - I won - they back down**

Barclays have used a few debt recovery agencies to get at me. Having followed a number of threads in here, I requested a true copy of a CCA compliant agreement. Westcotte replied saying they had sent the file back to client, and Regency openly admitted it was legally uneforceable but I was still liable. I was being very nice and continued paying until I got to the 40 + 12 + 2 days limit, but!!!! they called on Friday and DEMANDED that I up my payments to £20 a week, which I won't do - you shoudl have heard the woman shout at me, I found it amusing as I told her to read her own letter, which she claimed she couldn't do.

 

So, I'm going to fight back. Everyone else on here appears to be working on defended actions. I want to go the other way, and I want to take them to court for (a) a declaration of uneforceability (which they are) and (b) an injnction stopping them constantly harrassing me.

So, teh questions I need help with are:

1. Do I issue under CPR Part 8 or 7?

2. Suggested Particulars of claim

3. Any previously undertaken similar claim, because I can't find any.

 

Background.

I went to uni, but because I was desperately ill, I only got a 2:2, so I now can't get a job that pays more than £18K, so I don't have tonnes of extra money. I had to get a £3K overdraft while at uni, and a £3K credit card bill. I took out a £15K loan for my post grad qualifications. I then, because I'd been at uni for 7 years, took out a £3k loan, and two years later they persuaded me to up it again. Unfortunately, I suffer from bi-polar (I'ma lso dyslexic, so sorry if my spelling is crap), and sort of spent all of it! It's very embarassing, but they are the facts, and I'm best being truthful.

 

The credit card is defo not CCA compliant, as is the overdraft (and tehy charged me roughly £600 fees). The £15K loan is defo non-compliant (2004), though I'm not sure about the personal loan - the first part was in 2005, but the second part was in early 2007, and I'm not sure if it was before or after 1st April. I sort of had a breakdown at end of last year because I couldn't afford to eat because of what I was paying back, and Barclay's weren't being too helpful. I got the fees back on my credit card, so they dropped my credit, and I lost £600 on that:eek:! So, I decided to chuck it all and go back to uni, with the intention of bankruptcy. Then I made agreeemnts to start paying it back, and was doing (though Westcotte are the most useless cmpany, I offered, they just never wrote back). Then Regency became horrible, and I blew up last week when, despite me actually paying them, they started harrassing me.

So now I want to go for a declaration of uneforceability and get an injunction stopping the constant calls.

 

Any help would be very grateful.

Thanks:-?:grin:

Edited June 20, 2009 by Barclaysbunny
Editing title

[Monty2007]

Hi, I can't help with the legal stuff but there is nothing wrong with a Desmond. Most of my friends have one but were disadvantaged through heavy drinking.

[Barclaysbunny]

Hence the reason the nightclub at our uni was called Tutu's (Desmond Tutu also teaches there haha)

[Monty2007]

Hence the reason the nightclub at our uni was called Tutu's (Desmond Tutu also teaches there haha)

 

Good luck BB, you have a good sense of humor and there will be lots of expert advice gained through a few hours reading on CAG. It is a wonderful place.

[Barclaysbunny]

It's the start I need though. Part 8 claim or part 7. I'm frightened of starting it and ending up screwing myself by doing it wrong. The only claims against the banks I can find are for fees, and the rest, of this nature, are defenses, which worries me.

But, a good sense of humour and the knowledge that the worst thign that can happen is I lose and get costs of £10K against me and end up bankrupt (which I was going to do previous to this, so no loss in the over-all scheme of things). But there's so many people on here needing help, I almost feel guilty for asking for help because it's me starting the fight, whereas most people on here seem to be fighting to stay afloat through the banks getting at them!!

[Monty2007]

Dear BB

My suggestion would be to stop paying them and let them come after you, it is a lot easier that way since there is so much case law. I have not seen any threads where CAGers have instigated proceedings for lack of enforceable credit card agreements. At the end of the day the debt will still exist but it is unenforceable, even in a court of law (if the agreement is non compliant).

 

You should claim back all your charges although they will deduct this from the debt, you can send letter from CAG insisting that they don't call but my advice is to get a new number and stop paying them from now on.

[Barclaysbunny]

Thought I'd put up what's happening with me now, to see if anyone else is getting the same, and also to give heart to those that are just starting the CCA request journey.

I got a letter from Westcot last year. It was in relation to an alleged Barclay's debt. I had not been on here then, so wrote a load of useless letters that resulted in abusive letters from them. I found this place (Yippeeee!!!) and requested a CCA compliant agreement, and gave them a £1 postal order for it. One week later, they returned it, saying that they had returned instructions to their client, and I should contact them (Barclays). One of them gone.

Regal were a bit different, and I've written about that elsewhere - they claim a debt, cannot evidence it, let alone provide a CCA compliant agreement. So, I demanded a debt from them that was as equally made up as theirs. They haven't gone away, but they won't even send letters now.

Then on Monday I got a letter from ScotCall demanding another Barclays debt (I think it's the one Westcot had) so I sent them a CCA request on Tuesday (3rd) with a £1 PO, and it was waiting for me in the post-box today, saying that they are no longer dealing with it "it was returned to our client on 01/01/0001":eek:.

 

Quite why they are sending them back as returned to client so quickly I am not sure, but it obviously does mean that they are now taking CCA demands very seriously. So, if you're on here frightened, look up the library letters, send a demand for a Consumer Credit Act compliant agreement together with a £1 postal order. It seems to be working.

 

I do have another one which arrived a couple of weeks ago for a Barclaycard debt (again, not one of mine). I'm playing with them though, trying to waste their costs a lot

[rory32]

Just a quick point, if you have previously sent a CCA request you don't need to send another one for the same account. You just have to inform the DCA that your original request is still outstanding.

[Barclaysbunny]

Last year I started getting the usual threat letter over a Barclaycard, an overdraft and two loans.

 

I sent the usual CCA letter with the £1 postal order, and a day or two later received a letter would appear saying they had sent the file back to their client. Eventually after a lot of these I sent a letter to Barclay's direct asking them to go away or sue me. I sent that in December. They sent letters every month saying they were looking into it.

 

A short time ago I received a letter from them apologising but they could not find any loan in my name, would I care to write back with details of the dates of the loans and the account & sort codes for them?

 

So, for all of you who are starting out, you can honestly get rid of them. Follow what people in here say, because they certainly helped me. Should any other demonic company now threaten me, I'll just send them a copy of Barclay's letter. Just be strong, there is a light at the end of the tunnel.

 

BB

[shinobi101]

Nice one.

 

I'm just starting out with barclaycard, barclays overdraft and 3 loans.

 

Could you please post links to your other threads, would really like to read.

[maroondevo52]

Good stuff, Barclaysbunny

 

I've merged your other Barclays Threads.

 

Regards.

 

Scott.

[Barclaysbunny]

Nice one.

Could you please post links to your other threads, would really like to read.

 

Scott has kindly done that for me.

 

Important thing to remember is that all of the letters you need to send are in the library on here.

 

Send them an unsigned letter demanding a a CCA compliant and enforceable agreement together with a £1 postal order. They'll send back either a letter saying they've sent it back to client, or an agreement form or an agreement that is a) false or b) unreadable o c) unenforceable.

 

Remind them they have 12 days to comply (though they can have 12 + 40). Then remind them that the debt is unenforceable. If they are stupid enough to send it to Court, get in touch.

 

Good luck. Keep a copy of all letters etc.

[shinobi101]

Thanks BB and Scott. Lots of good advice on here